Copyright
----1.Copyright Law of the P. R. China (2001 Revision)
----2.Implementing Regulations of the Copyright Law of the P. R. China (2002 Revision)
----3.Regulations on Computer Software Protection (2001 Revision)
----4.Measures for the Enforcement of Copyright Administrative Penalty (2003)

1.Copyright Law of the People's Republic of China
(2001 Revision)

Chapter I
General Provisions

Article 1． This Law is enacted, in accordance with the Constitution, for the purposes of protecting the copyright of authors in their literary, artistic and scientific works and the copyright-related rights and interests, of encouraging the creation and dissemination of works which would contribute to the construction of socialist spiritual and material civilization, and of promoting the development and prosperity of the socialist culture and science.

Article 2． Works of Chinese citizens, legal entities or other organizations, whether published or not, shall enjoy copyright in accordance with this Law.
Any work of a foreigner or stateless person which is eligible to enjoy copyright under an agreement concluded between the country to which the foreigner belongs or in which he has habitual residence and China, or under an internationa1 treaty to which both countries are party, shall be protected in accordance with this Law.
Works of foreigners or stateless persons first published in the territory of the People's Republic of China shall enjoy copyright in accordance with this Law.
Any work of a foreigner who belongs to a country which has not concluded an agreement with China, or which is not a party to an international treaty with China or a stateless person first published in an country which is a party to an international treaty with China, or in such a member state or nonmember state, shall be protected in accordance with this Law.

Article 3． For the purposes of this Law, the term "works" includes works of literature, art, natural science, social science, engineering technology and the like which are expressed in the following forms:
(1) written works;
(2) oral works;
(3) musical, dramatic, quyi', choreographic and acrobatic works;
(4) works of fine art and architecture;
(5) photographic works;
(6) cinematographic works and works created by virtue of an analogous method of film production;
(7) drawings of engineering designs, and product designs; maps, sketches and other graphic works and model works;
(8) computer software;
(9) other works as provided for in laws and administrative regulations.

Article 4． Works the publication or distribution of which is prohibited by law shall not be protected by this Law.
Copyright owners, in exercising their copyright, shall not violate the Constitution or laws or prejudice the public interests.

Article 5． This Law shal1 not be applicable to:
(l) laws; regulations; resolutions, decisions and orders of State organs; other documents of a legislative, administrative or judicial nature; and their official translations;
(2) news on current affairs; and
(3) calendars, numerical tables and forms of general use, and formulas.

Article 6． Regulations for the protection of copyright in expressions of folklore shall be established separately by the State Council.

Article 7． The copyright administration department under the State Council shall be responsible for the nationwide administration of copyright. The copyright administration department of the People's Government of each province, autonomous region and municipality directly under the Central Government shall be responsible for the administration of copyright in its administrative region.

Article 8． The copyright owners and copyright-related right holders may authorize an organization for collective administration of copyright to exercise the copyright or any copyright-related right. After authorization, the organization for collective administration of copyright may, in its own name, claim the right for the copyright owners and copyright-related right holders, and participate, as an interested party, in litigation or arbitration relating to the copyright or copyright-related right.
The organization for collective administration of copyright is a non-profit organization. Provisions for the mode of its establishment, rights and obligations, collection and distribution of the royalties of copyright licensing, and supervision and administration thereof shall be separately established by the State Council.

Chapter II
Copyright

Section 1 Copyright Owners and Their Right

Article 9． The term "copyright owners" shall include:
(1) authors;
(2) other citizens, legal entities and other organizations enjoying copyright in accordance with this Law.

Article 10． The term "copyright" shall include the following personality rights and property rights:
(l) the right of publication, that is, the right to decide whether to make a work available to the public;
(2) the right of authorship, that is, the right to claim authorship and to have the author's name mentioned in connection with the work;
(3) the right of alteration, that is, the right to alter or authorize others to alter one's work;
(4) the right of integrity, that is, the right to protect one's work against distortion and mutilation;
(5) the right of reproduction, that is, the right to produce one or more copies of a work by printing, photocopying, lithographing, making a sound recording or video recording, duplicating a recording, or duplicating a photographic work or by any other means;
(6) the right of distribution, that is, the right to make available to the public the original or reproductions of a work though sale or other transfer of ownership;
(7) the right of rental, that is, the right to authorize, with payment, others to temporarily use cinematographic works, works created by virtue of an analogous method of film production, and computer software, except any computer software that is not the main subject matter of rental;
(8) the right of exhibition, that is, the right to publicly display the original or reproduction of a work of fine art and photography;
(9) the right of performance, that is, the right to publicly perform a work and publicly broadcast the performance of a work by various means;
(10) the right of showing, that is, the right to show to the public a work, of fine art, photography, cinematography and any work created by analogous methods of film production through film projectors, over-head projectors or any other technical devices;
(11) the right of broadcast, that is, the right to publicly broadcast or communicate to the public a work by wireless means, to communicate to the public a broadcast work by wire or relay means, and to communicate to the public a broadcast work by a loudspeaker or by any other analogous tool used to transmit symbols, sounds or pictures;
(12) the right of communication of information on networks, that is, the right to communicate to the public a work, by wire or wireless means in such a way that members of the public may access these works from a place and at a time individually chosen by them;
(13) the right of making cinematographic work, that is, the right to fixate a work on a carrier by way of film production or by virtue of an analogous method of film production;
(14) the right of adaptation, that is, the right to change a work to create a new work of originality;
(15) the right of translation, that is, the right to translate a work in one language into one in another language;
(16) the right of compilation, that is, the right to compile works or parts of works into a new work by reason of the selection or arrangement; and
(17) any other rights a copyright owner is entitled to enjoy.
A copyright owner may authorize another person to exercise the rights under the preceding paragraphs (5) to (17), and receive remuneration pursuant to an agreement or this Law.
A copyright owner may assign, in part or in whole, the rights under the preceding paragraphs (5) to (17), and receive remuneration pursuant to an agreement or this Law.

Section 2 Ownership of Copyright

Article 11． Except where otherwise provided in this Law, the copyright in a work shall belong to its author.
The author of a work is the citizen who has created the Work.
Where a work is created according to the intention and under the supervision and responsibility of a legal entity or other organization, such legal entity or organization shall be deemed to be the author of the work.
The citizen, legal entity or other organization whose name is mentioned in connection with a work shall, in the absence of proof to the contrary, be deemed to be the author of the work.

Article 12． Where a work is created by adaptation, translation, annotation or arrangement of a preexisting work, the copyright in the work thus created shall be enjoyed by the adapter, translator, annotator or arranger, Provided that the exercise of such copyright shall not prejudice the copyright in the original work.

Article 13． Where a work is created jointly by two or more co-authors, the copyright in the work shall be enjoyed jointly by those co-authors. Co-authorship may not be claimed by anyone who has not participated in the creation of the work.
If a work of joint authorship can be separated into independent parts and exploited separately, each co-author shall be entitled to independent copyright in the parts that he has created, provided that the exercise of such copyright shall not prejudice the copyright in the joint work as a whole.

Article 14． A work created by compilation of several works, parts of works, data that do not constitute a work or other materials and having originality in the selection or arrangement of its contents is a work of compilation. The copyright in a work of compilation shall be enjoyed by the compiler, provided that the exercise of such copyright shall not prejudice the copyright in the preexisting works.

Article 15． The copyright in a cinematographic work and any work created by an analogous method of fl1m production shall be enjoyed by the producer of the work, but the scriptwriter, director, cameraman, lyricist, composer, and other authors thereof shall enjoy the right of authorship in the work, and have the right to receive remuneration pursuant to the contract concluded with the producer.
The authors of the screenplay, musical works and other works that are incorporated in a cinematographic work and work created by virtue of an analogous method of film production and can be exploited separately shall be entitled to exercise their copyright independently.

Article 16． A work created by a citizen in the fulfillment of tasks assigned to him by a legal entity or other organization shall be deemed to be a work created in the course of employment. The copyright in such work shall be enjoyed by the author, subject to the provisions of the second paragraph of this Article, provided that the legal entity or other organization shall have a priority right to exploit the work within the scope of its professional activities. During the two years after the completion of the work, the author shall not, without the consent of the legal entity or other organization, authorize a third party to exploit the work in the same way as the legal entity or other organization does.
In any of the following cases the author of a work created in the course of employment shall enjoy the right of authorship, while the legal entity or other organization shall enjoy the other rights included in the copyright and may reward the author:
(1) drawings of engineering designs and product designs and maps, computer software and other works created in the course of employment mainly with the material and technical resource of the legal entity or other organization and under its responsibility;
(2) works created in the course of employment where the copyright is, in accordance with laws, administrative regulations or contracts, enjoyed by the legal entity or other organization.

Article 17． The ownership of the copyright in a commissioned work shall be agreed upon in a contract between the commissioning and the commissioned parties. In the absence of a contract or of an explicit agreement in the contract, the copyright in such a work shall belong to the commissioned party.

Article 18． The transfer of ownership of the original copy of a work of fine art, or other works, shall not be deemed to include the transfer of the copyright in such work, provided that the right to exhibit the original copy of a work of fine art shall be enjoyed by the owner of such original copy.

Article 19． Where the copyright in a work belongs to a citizen, the right of exploitation and the rights under Article 10, paragraphs (5) to (17), of this Law in respect of the work shall, after his death, during the term of protection provided for in this Law, be transferred in accordance with the provisions of the Inheritance Law.
Where the copyright in a work belongs to a legal entity or other organization, the rights under Articles l0, paragraphs (5) to (l7), of this Law, shall, after the change or the termination of the status of the legal entity or other organization, during the term of protection provided for in this Law, be enjoyed by the succeeding legal entity or other organization which has taken over the former's rights and obligations, or, in the absence of such successor entity or other organization, by the State.

Section 3 Term of Protection for Rights

Article 20． The rights of authorship, alteration and integrity of an author shall be unlimited in time.

Article 21． The term of protection for the right of publication and the rights referred to in Article l0, paragraphs (5) to (17), of this Law in respect of a work of a citizen shall be the lifetime of the author and fifty years after his death, and expires on 31 December of the fiftieth year after the death of the author. In the case of a work of joint authorship, such term shall expire on 31 December of the fiftieth year after the death of the last surviving author.
The term of protection for the right of publication and the rights provided for in Article 10, paragraphs (5) to (17), of this Law in respect of a work where the copyright belongs to a legal entity or other organization or in respect of a work created in the course of employment where the legal entity or other organization enjoys the copyright (except the right of authorship), shall be fifty years, and expires on 31 December of the fiftieth year after the first Publication of such work, provided that any such work that has not been published within t1tty years after the completion of its creation shall no longer be protected under this Law.
The term of protection for the right of publication or protection for the right of publication or the rights referred to in Article l0, paragraphs (5) to (17), of this Law in respect of a cinematographic work, a work created by virtue of an analogous method of film production or a photographic work shall be fifty years, and expires on 3l December of the fiftieth year after the first publication of such work, provided that any such work that has not been published within fifty years after the completion of its creation shall no longer be protected under this Law.
Section 4 Limitations on Rights

Article 22． In the following cases, a work may be exploited without permission from, and without payment of remuneration to, the copyright owner, provided that the name of the author and the title of the work shall be mentioned and the other rights enjoyed by the copyright owner by virtue of this Law shall not be prejudiced:
(l) use of a published work for the purposes of the user's own private study, research or self-entertainment;
(2) appropriate quotation from a published work in one's own work for the purposes of introduction to, or comments on, a work, or demonstration of a point;
(3) reuse or citation, for any unavoidable reason, of a published work in newspapers, periodicals, at radio stations, television stations or any other media for the purpose of reporting current events;
(4) reprinting by newspapers or periodicals, or rebroadcasting by radio stations, television stations, or any other media, of articles on current issues relating to politics, economics or religion published by other newspapers, periodicals, or broadcast by other radio stations, television stations or any other media except where the author has declared that the reprinting and rebroadcasting is not permitted;
(5) publication in newspapers or periodicals, or broadcasting by radio stations, television stations or any other media, of a speech delivered at a public gathering, except where the author has declared that the publication or broadcasting is not permitted;
(6) translation, or reproduction in a small quantity of copies, of a published work for use by teachers or scientific researchers, in classroom teaching or scientific research, provided that the translation or reproduction shall not be published or distributed;
(7) use of a published work, within proper scope, by a State organ for the purpose of fulfilling its official duties;
(8) reproduction of a work in its collections by a library, archive, memorial hall, museum, art gallery or any similar institution, for the purposes of the display, or preservation of a copy, of the work;
(9) free-of-charge live performance of a published work and said performance neither collects any fees from the members of the public nor pays remuneration to the performers;
(10) copying, drawing, photographing or video recording of an artistic work located or on display in an outdoor public place;
(11) translation of a published work of a Chinese citizen, legal entity or any other organization from the Han language into any minority nationality language for publication and distribution within the country; and
(12) transliteration of a published work into Braille and publication of the work so transliterated.
The above limitations on rights shall be applicable also to the rights of publishers, performers, producers of sound recordings and video recordings, radio stations and television stations.

Article 23． In compiling and publishing textbooks for implementing the nine-year compulsory education and the national educational program, parts of published works, short written works, music works or single copies of works of painting or photographic works may be compiled into textbooks without the authorization from the authors, except where the authors have declared in advance the use thereof is not permitted, with remuneration paid according to the regulations, the name of the author and the title of the work indicated and without prejudice to other rights enjoyed by the copyright owners according to this Law.
The above limitations on rights shall be applicable also to the rights of publishers, performers, producers of sound recordings and video recordings, radio stations and television stations.

Chapter III
Copyright Licensing and Assignment Contracts

Article 24． Subject to provisions in this Law according to which no permission is needed, anyone who exploits a work created by others shall conclude a contract with, or otherwise obtain permission from, the copyright owner.
A licensing contract shall include the following basic clauses:
(l) the category of right licensed for exploitation of the work covered by the license;
(2) the exclusive or non-exclusive nature of the right to exploit the work covered by the license;
(3) the geographic area and term of the license;
(4) the standard of remuneration and the method of payment;'
(5) the liability in case of breach of the contract; and
(6) any other matter that the contracting parties consider necessary.

Article 25． Assignment of a right referred to in Article 10, paragraphs (5) to (17), of this Law shall require conclusion of a contract in writing.
A contract of assignment shall include the following basic clauses:
(1) title of the work;
(2) category and geographic area of the assigned right;
(3) assignment price;
(4) date and manner of payment of the assignment price;
(5) liabilities for breach of the contract; and
(6) any other matters that the contracting parties consider necessary.

Article 26． The other party shall not, without permission from the copyright owner, exercise any right that the copyright owner has not expressly licensed or assigned in the licensing and assignment contract.

Article 27． The standard of remuneration for the exploitation of a work may be fixed by the interested parties or may be paid according to the standard established by the copyright administration department under the State Council in collaboration with other departments concerned. Where the interested parties have not expressly fixed it, remuneration may also be paid in accordance with the standard established by the copyright administration department under the State Council in collaboration with other departments concerned.

Article 28． Publishers, performers, producers of sound recordings and video recordings, radio stations, television stations and other entities who or which have obtained, pursuant to the relevant provisions of this Law, the right to exploit the copyright of others, shall not prejudice the authors' rights of authorship, alteration or integrity, or their right to remuneration.

Chapter IV
Publication, Performance, Sound Recording, Video Recording and Broadcasting

Section 1 Publication of Books, Newspapers and Periodicals

Article 29． A book publisher who publishes a book shall conclude a publishing contract with, and pay remuneration to, the copyright owner.

Article 30． A book publisher shall have the exclusive right to publish the work delivered to him by the copyright owner for publication. The exclusive right to publish a work enjoyed by the book publisher specified in the contract shall be protected by law, and the work may not be published by others.

Article 31． The copyright owner shall deliver the work within the term specified in the contract. The book publisher shall publish the work in accordance with the quality requirements and within the term specified in the contract.
The book publisher shall bear the civil liability specified in Article 53 of this Law if he fails to publish the work within the term specified in the contract.
The book publisher shall notify, and pay remuneration to, the copyright owner when the work is to be reprinted or republished. If the publisher refuses to reprint or republish the work when stocks of the book are exhausted, the copyright owner shall have the right to terminate the contrast.

Article 32． Where a copyright owner has submitted the manuscript of his work to a newspaper or a periodical publisher for publication and has not received, within 15 days from the newspaper publisher or within 30 days from the periodical publisher, counted from the date of submission of the manuscript, any notification of the said publisher's decision to publish the work, the copyright owner may submit the manuscript of the same work to another newspaper or periodical publisher for publication, unless the two parties have agreed otherwise.
Except where the copyright owner has declared that reprinting or excerpting is not permitted, other newspaper or periodical publishers may, after the publication of the work by a newspaper or periodical, reprint the work or print an abstract of it or print it as reference material, but such other publishers shall pay remuneration to the copyright owner as prescribed in regulations.

Article 33． A book publisher may alter or abridge a work with the permission of the copyright owner.
A newspaper or periodical publisher may make editorial modifications and abridgements in a work, but shall not make modifications in the contents of the work unless permission has been obtained from the author.

Article 34． When publishing works created by adaptation, translation, annotation, arrangement or compilation of preexisting works, the publisher shall both have the permission from, and pay remuneration to, the owners of the copyright in the works created by means of adaptation, translation, annotation, arrangement or compilation and the owners of the copyright in the original works.

Article 35． A publisher has the right to license or prohibit any other person to use the typographical arrangement of books or periodicals he has published.
The term of protection for the right provided for in the preceding paragraph shall be ten years, and expires on 3l December of the tenth year after the first publication of the books or periodicals using the typographical arrangement.

Section 2 Performance

Article 36． A performer (an individual performer or a performing entity) who for a performance exploits a work created by another person shall obtain permission from, and pay remuneration to, the copyright owner. Where a performing organizer organizes a performance, the Organizer shall obtain permission from, and pay remuneration to, the copyright owner.
When exploiting, for performance, works created by adaptation, translation, annotation, arrangement or compilation of preexisting works, the performer shall both have the permission from, and pay remuneration to, the owners of the copyright in the works created by means of adaptation, translation, annotation, arrangement or compilation and the owners of the copyright in the original works.

Article 37． A performer shall, in relation to his performance, enjoy the right
(l) to claim performer ship;
(2) to protect the image inherent in his performance from distortion;
(3) to authorize others to make live broadcasts and public transmission of its or his performance and to receive remuneration;
(4) to authorize others to make sound recordings and video recordings, and to receive remuneration therefore.
(5) to authorize others to reproduce or distribute sound recordings and video recordings incorporating his performance, and to receive remuneration therefore; and
(6) to authorize others to communicate his performance to the public on information network, and to receive remuneration therefore.
The person so authorized who exploits the work in the way referred to in the preceding paragraphs (3) to (6) shall obtain permission from, and pay remuneration to, the copyright owner.

Article 38． The term of protection for the rights provided for in Article 37, paragraphs (1) and (2), of this Law shall not be subject to any limitation.
The term of protection for the rights provided for in Article 37, paragraphs (3) to (6), of this Law shall be fifty years, and expires on 31 December of the fiftieth year after the performance was made.

Section 3 Sound Recordings and Video Recordings

Article 39． A producer of sound recordings or video recording who, for the production of a sound recording or video recording, exploits a work created by another person, shall obtain permission from, and pay remuneration to, the copyright owner.
A producer of sound recordings or video recordings who exploits a work created by adaptation, translation, annotation or arrangement of a preexisting work shall both obtain permission from, and pay remuneration to the owner of the copyright in the work created by adaptation, translation, annotation or arrangement and to the owner of the copyright in the original work.
A producer of sound recordings who exploits a music work another person has duly made into a sound recording to produce sound recordings, may not obtain permission from, but shall pay remuneration to the copyright owner as prescribed by regulat1ons, such Work shall not be exploited where the copyright owner has declared that such exploitation is not permitted.

Article 40． When producing a sound recording or video recording, the producer shall conclude a contract with, and pay remuneration to, the performers.

Article 41． A producer of sound recordings or video recordings shall have the right to authorize others to reproduce, distribute, rent and communicate to the public on an information network such sound recordings or video recordings and the right to obtain remuneration therefore. The term of protection of such rights shall be fifty years, and expires on 3l December of the fiftieth year after the recording was first produced.
Any one who is authorized to reproduce, distribute and communicate to the public on an information network a sound recording or video recording shall also obtain permission from, and pay remuneration to, the copyright owner and the performer as presented by regulations.

Section 4 Broadcasting by Radio Stations or Television Stations

Article 42． A radio station or television station that broadcasts an unpublished work created by another person, shall obtain permission from, and pay remuneration to, the copyright owner.
A radio station or television station that broadcasts a published work created by another person does not need a permission from, but shall pay remuneration to, the copyright owner.

Article 43． A radio station or television station that broadcasts a published sound recording, does not need a permission from, but shall pay remuneration to, the copyright owner, except that the interested parties have agreed otherwise. The specific procedures for treating the matter shall be established by the State Council.

Article 44． A radio station or television station shall have the right to prohibit the following acts without authorization therefrom:
(1) to rebroadcast its broadcast radio or television program; and
(2) to fix its broadcast radio or television program on a sound recording or video recording carrier and to reproduce the sound recording or video recording carrier.
The term of protection for the right referred to in the preceding paragraph shall be fifty years, and expires on 31 December of the fiftieth year after the radio or television program was first broadcast.

Article 45． A television station that broadcasts a cinematographic work, a work created by virtue of an analogous method of film production or a video graphic work produced by another person shall obtain permission from, and pay remuneration to, the producer of the cinematographic or video graphic work; the station that broadcasts a video graphic work produced by another person shall obtain permission of, and pay remuneration to, the copyright owner.

Chapter V
Legal Liabilities and Enforcement Measures

Article 46． Anyone who commits any of the following acts of infringement shall bear civil liability for such remedies as ceasing the infringing act, eliminating the effects of the act, making an apology or paying compensation for damages, depending on the circumstances:
(1) publishing a work without the permission of the copyright owner;
(2) publishing a work of joint authorship as a work created solely by oneself, without the permission of the other co-authors;
(3) having one's name mentioned in connection with a work created by another, in order to seek personal fame and gain, where one has not taken part in the creation of the work;
(4) distorting or mutilating a work created by another;
(5) plagiarizing a work of another person;
(6) exploiting by exhibition, film production or any analogous method of film production, or by adaptation, translation, annotation, or by other means, without the permission of the copyright owner, unless otherwise provided in this Law;
(7) exploiting a work created by another person without paying remuneration as prescribed by regulations;
(8) rending a work, sound recording or video recording, without the permission of the copyright owner of a cinematographic work, a work created by virtue of an analogous method of film production, computer software, sound recording or video recording or the owner of a copyright-related right unless otherwise provided in this Law.
(9) exploiting the typographic arrangement of a book or periodical without the permission of the publisher.
(10) broadcasting live a performance or communicating the live performance to the public, or recording his performance without the permission of the performer; or
(11) committing any other act of infringement of copyright and of other rights and interests relating to copyright.

Article 47． Anyone who commits any of the following acts of infringement shall bear civil liability for such remedies as ceasing the infringing act, eliminating the effects of the act, making an apology or paying damages, depending on the circumstances' and may, in addition, be subjected by a copyright administration department to such administrative penalties as ceasing the infringing act, confiscating unlawful income from the act, confiscating and destroying infringing reproductions and imposing a fine; where the circumstances are serious, the copyright administration department may also confiscate the materials, tools, and equipment mainly used for making the infringing reproductions; and if the act constitutes a crime, the infringer shall be prosecuted for his criminal liability:
(1) reproducing, distributing, performing, showing, broadcasting, compiling or communicating to the public on an information network a work created by another person, without the permission of the copyright owner, unless otherwise provided in this Law;
(2) publishing a book where the exclusive right of publication belongs to another person;
(3) reproducing and distributing a sound recording or video recording of a performance, or communicating to the public his performance on an information network without the permission of the performer, unless otherwise provided in the Law;
(4) reproducing and distributing or communicating to the public on an information network a sound recording or video recording produced by another person, without the permission of the producer, unless otherwise provided in the Law;
(5) broadcasting and reproducing a radio or television program produced by a radio station or television station without the permission of the radio station or television station, unless otherwise provided in this Law;
(6) intentionally circumventing or destroying the technological measures taken by a right holder for protecting the copyright or copyright-related rights in his work, sound recording or video recording, without the permission of the copyright owner, or the owner of the copyright-related rights, unless otherwise provided in law or in administrative regulations;
(7) intentionally deleting or altering the electronic right management information of a work, sound recording or video recording, without the permission of the copyright owner or the owner of a copyright-related right, unless otherwise provided in law or in administrative regulations; or
(8) producing or selling a work where the signature of another is counterfeited.

Article 48． Where a copyright or a copyright-re1ated right is infringed, the infringer shall compensate for the actually injury suffered by the right holder; where the actual injury is difficult to compute, the damages shall be paid on the basis of the unlawful income of the infringer. The amount of damages shall also include the appropriate fees paid by the right holder to stop the infringing act.
Where the right holder's actual injury or infringer's Unlawful income cannot be determined, the People's Court shall Judge the damages not exceeding RMB 500, 00 depending on the circumstances of the infringing act.

Article 49． A copyright owner or owner of a copyright-related right who has evidence to establish that another person is committing or will commit an act of infringing his right, which could cause irreparable injury to his legitimate rights and interests if the act is not stopped immediately, may apply to the People's Court for ordering cessation of the related act and for taking the measures for property preservation before instituting legal proceedings.
The provisions of Articles 93 to 96 and 99 of the Civil Procedure Law of the People's Republic of China shall apply when the People's Court handles the application referred to in the preceding paragraph.

Article 50． For the purpose of preventing an infringing act and under the circumstance where the evidence could be lost or is difficult to obtain at1erwards, the copyright owner or the owner of a copyright-related right may apply to the People's Court for evidence preservation before initiating legal proceedings.
The People's Court must make the decision within forty-eight hours after it accepts an application; the measures of preservation shall be taken without delay if it is decided to do so.
The People's Court may order the applicant to provide a guaranty, if the latter fails to do so, the Court shall reject the application.
Where the applicant fails to institute legal proceedings within fifteen days after the People's Court adopted the measures of preservation, the latter shall terminate the measures of preservation.

Article 51． The People's Court hearing a case may confiscate the unlawful income, infringing reproductions and materials used for committing the illegal act of infringement of copyright or copyright-related rights.

Article 52． The publisher or producer of a reproduction who cannot prove that his publication or production has been authorized, the distributor of a reproduction or the renter of the reproduction of a cinematographic work, a work created by virtue of an analogous method of film production, computer software, sound recording or video recording who cannot prove that his distributed or rented reproduction has been from a lawful source, shall bear legal liability.

Article 53． A party who fails to fulfill his contractual obligations, or executes them in a manner that is not in conformity with the agreed conditions of the contract, shall bear civil liability in accordance with the relevant provisions of the General Principles of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China and other relevant laws and regulations.

Article 54． A dispute over copyright may be settle by mediation. lt may also be submitted for arbitration to a copyright arbitration body under a written arbitration agreement concluded between the parties or under the arbitration clause in the contract.
Any party may institute proceedings directly in the People's Court in the absence of a written arbitration agreement or in the absence of an arbitration clause in the contract.

Article 55． Any party who is not satisfied with an administrative penalty may institute proceedings in the People's Court within three months from the date of receipt of the written decision on the penalty. If a party neither institutes legal proceedings nor implements the decision within the time limit, the copyright administration department concerned may apply to the People's Court for enforcement.

Chapter Vl
Supplementary Provisions

Article 56． For the purposes of this Law, the terms "zhuzuoquan"2 is "banquan"2.

Article 57． "publication" referred to in Article 2 of this Law means the reproduction and distribution of a work.

Article 58． Regulations for the protection of computer software and the right of communication of information on network shall be established separately by the State Council.

Article 59． The rights of copyright owners, publishers, performers, producers of sound recordings and video recordings, radio stations and television' stations as provided for in this Law, of which the term of protection specified in this Law has not yet expired on the date of this Law's entry into force, shall be protected in accordance with this Law.
Any infringements of copyright and the copyright-related rights or breaches of contract committed prior to the entry into force of this Law shall be dealt with under the relevant regulations or policies in force at the time when the act was committed.

Article 60． This Law shall enter into force on June 1, l99l.

2.Implementing Regulations of the Copyright Law of
the People's Republic of China
(Promulgated on 2 August 2002 and entering into force on 15 September 2002)

Article 1. These Implementing Regulations (hereinafter referred to as these Regulations) are formulated pursuant to the Copyright Law of the People’s Republic of China (hereinafter referred to as the Copyright Law).

Article 2. The term “works” used in the Copyright Law shall mean original intellectual creations in the literary, artistic and scientific domain, insofar as they are capable of being reproduced in a certain tangible form.

Article 3. The term “creation” mentioned in the Copyright Law shall mean intellectual activities from which literary, artistic and scientific works are directly derived.
The provision of administrative support, consultations, material means or other supporting services for others in their creative activities shall not be deemed as acts of creation.

Article 4. The works as mentioned in the Copyright Law and these Regulations shall mean the following:
(1) written works are works expressed in written form, such as novels, poems, essays and theses;
(2) oral works are works which are created in spoken words, such as impromptu speeches, lectures and court debates;
(3) musical works are such works as songs and symphonic works, with or without accompanying words, which can be sung or performed;
(4) dramatic works are such works as dramas, operas and local art forms which are used for stage performance;
(5) “quyi” works include such works as “xiangsheng” (cross talk), “kuaishu” (clapper talk), “dagu” (ballad singing with drum accompaniment) and “pingshu” (story-telling based on classical novels), which are all used mainly for being performed in a way involving recitation, singing or both;
(6) choreographic works are works which express ideas and emotions through successive body movements, gestures and facial movements and expressions;
(7) works of acrobatic art are acrobatic, magic and circus works, which are, or can be, expressed in body movements and artistry.
(8) works of fine art are two-dimensional or three-dimensional works created in lines, colours or other media which, when being viewed, impart aesthetic effect, such as works of painting, calligraphy and sculpture;
(9) architectural works are aesthetic works, which are, and can be, expressed in architectural or constructional form;
(10) photographic works are artistic works created by recording images of existing things of people on light-sensitive materials or other media with the aid of devices;
(11) cinematographic works and works created by virtue of analogous methods of film production are works which are recorded on some medium consisting of a series of images, with or without accompanying sounds, and which can be projected with the aid of suitable devices or communicated by other means;
(12) graphic works are drawings of engineering designs and product deigns for the purpose of actual construction or manufacture, and maps and sketches showing geographic phenomena and demonstrating the fundamentals or structure of a thing or an object;
(13) model works are three-dimensional works made according to the shape and structure, and in a certain scale, of an object for the purpose of exhibition, experimentation, observation or measurement.

Article 5. The terms as mentioned in the Copyright Law and in these Regulations shall mean the following:
(1) news on current events refers to the mere facts or happenings reported by the mass media, such as newspapers, periodicals and radio and television stations;
(2) sound recordings refer to the recordation of any sounds of performance and other sounds;
(3) video recordings refer to the recordation of a series of related images, with or without accompanying sounds, other than cinematographic works or works created by virtue of analogous methods of film production;
(4) producer of a sound recording refers to the first person who makes the sound recordings;
(5) producer of a video recording refers to the first person who makes the video recordings;
(6) performer refers to an actor, performing organization or any other person who performs literary and artistic works.

Article 6. Copyright shall be generated on the date when the creation of a work is completed.

Article 7. Copyright in the works of foreigners or stateless persons first published in the territory of China as provided for in Article 2, paragraph three, of the Copyright Law shall be under the protection beginning on the date of publication.

Article 8. Where works of foreigners or stateless persons first published outside the territory of China and published in the territory of China within thirty days, the works shall be deemed to have been simultaneously published in the territory of China.

Article 9. Where a jointly created work can not be used separately, the copyright shall be jointly enjoyed by, and exercised through consultation among, the co-authors. Where they fail to reach an agreement, nor do they have justified reasons for the failure, any party should not hinder any of the other parties from exercising all the rights, except the right of assignment. However, the income made shall be fairly distributed between or among the co-authors.

Article 10. Where the copyright owner has authorized others to make cinematographic works and works created by virtue of analogous methods of film production, it is deemed that he has permitted them to make necessary alteration of his works, insofar as such alteration does not distort or mutilate the original work.

Article 11. The “assigned tasks” in the provision of Article 16, paragraph one of the Copyright Law, which relates to works created in the course of employment, shall refer to duties which citizens should perform in the legal entity or organization.
The “material and technical resources” used for the creation of works in the course of employment in the provision of Article 16, paragraph two of the Copyright Law refer to fund, equipment or reference material which the legal entity or organization has provided the citizens to accomplish the creation.

Article 12. During the two years after the completion of a work created in the course of employment, the author, with the consent of the legal entity or organization, authorizes a third party to exploit the work in the same way as the legal entity and receives remuneration, the remuneration shall be distributed between the author and the entity or organization at an agreed ratio.
The time limit of two years after the completion of the creation of a work shall be calculated from the date on which the author thereof delivers the work to the entity.

Article 13. In the case of a work of an unknown author, the copyright, except the right of authorship, shall be exercised by the owner of the original of the work. Where the author has been identified, the copyright shall be exercised by the author or his heir in title.
In the case where one of the co-authors of a work of joint authorship dies without heir in title or other behested beneficiary of the rights owned by him according to Article 10, paragraph one (5~17), of the Copyright Law, the rights shall be exercised by the other co-authors.

Article 15. The right of authorship, the right of revision and the right of integrity shall, after the death of the author, be protected by the heir in title and other behested beneficiary.
In the absence of an heir in title or other behested beneficiary, the right of authorship, the right of revision and the right of integrity shall be protected by the copyright administrative departments.

Article 16. The exploitation of works the copyright of which is owned by the State shall be administered by the copyright administrative department under the State Council.

Article 17. In the case of posthumous works, the right of publication may be exercised by the author’s heir in title or other behested beneficiary within a period of fifty years after the death of the author, unless the author had expressly stated otherwise. In the absence of an heir in title or other behested beneficiary, the said right shall be exercised by the owner of the original of the work.

Article 18. In the case of a work of an unknown author, the term of protection in relation to the rights provided for in Article 10, paragraph one (5~17), of the Copyright Law, shall be fifty years ending on December 31 of the fiftieth year after the first publication of the work. Article 21 of the Copyright Law shall be applicable after the author of the work has been identified.

Article 19. Any person who exploits a work created by another person shall indicate the name of the author and title of the work, except otherwise agreed between interested parties or otherwise impossible to do so due to the special characteristic of the way the work is exploited.

Article 20. A published work as mentioned in the Copyright Law refers to a work which has been made available to the public by the copyright owner himself or by authorization.

Article 21. Where any person exploits, according to the relevant provisions of the Copyright Law, a published work that may be exploited without the authorization of the copyright owner, he shall not affect the normal exploitation of the work, nor unreasonably prejudice the legitimate interests of the copyright owner.

Article 22. The standard of remuneration for exploitation of works under Article 23, Article 32, paragraph two, and Article 39, paragraph three, of the Copyright Law shall be formulated and published by the copyright administrative department under the State Council in conjunction with the competent price administrative department under the State Council.

Article 23. Licensing contracts shall be concluded with copyright owners when exploiting works of other persons. Where the right licensed is an exclusive licensing right, the contracts shall be made in writing, except in cases where works are to be published by newspapers and periodicals.

Article 24. The contents of the exclusive licensing right provided for in Article 24 of the Copyright Law shall be agreed in contract. Where no such contractual agreement is made or the agreement is not clear, it shall be deemed that the licensee has the right to exclude any other person, including the copyright owner, to exploit the work in the same way. Except otherwise agreed, a licensee who licenses a third party to exercise the same right must be authorised by the copyright owner.

Article 25. Any person, who concludes an exclusive licensing contract or assignment contract with a copyright owner, may submit, for filing, the contractual documents to the copyright administrative department.

Article 26. Rights and interests related to copyright, as mentioned in the Copyright Law and these Regulations, mean the right enjoyed by publishers in the layout design of their publications, the right enjoyed by performers in their performances, the right enjoyed by producers of audio and video recordings in their products and the right enjoyed by radio and television stations in their broadcasts.

Article 27. Publishers, performers, producers of audio and video recordings and radio and television stations, in the course of exercising their rights, shall not prejudice the rights of the copyright owners of the works being used and of the original works.

Article 28. Where it is agreed in a book publishing contract that the publisher enjoys the exclusive publishing right, but the contents of the right is not clearly defined, it shall be deemed that the publisher enjoys the exclusive right to publish in the same language of the original edition or revised edition of the book within the term of validity of the contract and in the geographic area agreed under the contract.

Article 29. The state of being out of print in relation to a work mentioned in Article 31 of the Copyright Law shall be established where two orders sent by the author to the publisher, are not fulfilled within six months.

Article 30. To declare that the reprinting of his work in whole or in part is not permitted pursuant to Article 32, paragraph two, of the Copyright Law, the copyright owner shall make a statement to that effect at the same time when the work is first published in a newspaper or a periodical.

Article 31. To declare that the producing of sound recording products of his work is not permitted pursuant to Article 39, paragraph three, of the Copyright Law, the copyright owner shall make a statement to this effect at the same time when the sound-recording products of the work are legitimately produced.

Article 32. Any person who exploits a work of another person according to the provisions of Article 23, Article 32, paragraph two, and Article 39, paragraph three, of the Copyright Law shall pay remuneration to the copyright owner within two months from the date of exploitation of the work.

Article 33. Performance by foreign or stateless performers in the territory of China shall be protected by the Copyright Law.
The right enjoyed by foreign or stateless performers in their performance pursuant to the international treaties to which China has acceded shall be protected by the Copyright Law.

Article 34. Audio and video recordings produced and distributed in the territory of China by foreign or stateless producers shall be protected by the Copyright Law.
The right enjoyed by foreign or stateless producers in their audio and video recordings produced and distributed in the territory of China shall be protected by the Copyright Law.

Article 35. The right enjoyed by foreign radio and television organizations in their broadcasts pursuant to the international treaties to which China has acceded shall be protected by the Copyright Law.

Article 36. In respect of infringement of copyright, with injury to the social and public interests, as enumerated in Article 47 of the Copyright Law, the copyright administrative departments may impose a fine not exceeding three times the amount of illegal business turnover. Where it is difficult to calculate the amount of illegal business turnover, it may impose a fine of no more than RMB 100,000 yuan.

Article 37. The copyright administrative departments under the local governments shall be responsible for investigating and handling infringements of copyright, with injury to the social and public interests, as enumerated in Article 47 of the Copyright Law.
The copyright administrative department under the State Council may investigate and handle copyright infringements that are of nationwide influence.

Article 38. These Implementing Regulations shall enter into force on 15 September 2002. The Implementing Regulations of the Copyright Law of the People’s Republic of China as approved by the State Council on 24 May 1991 and promulgated by the National Copyright Administration on 30 May 1991 shall be simultaneously abrogated.

3.Regulations on Computer Software Protection
（2001Revision）

Chapter I
General Provisions

Article 1． These Regulations are hereby formulated in accordance with the provisions of the Copyright Law of the People's Republic of China with a view to protecting the rights and interests of copyright owners of computer software, regulating the interests generated in the development, dissemination and use of computer software, encouraging the development and circulation of computer software and promoting the development of the software industry and informationisation of the national economy.

Article 2． Computer software (hereinafter referred to as software) as mentioned in these Regulations refers to computer programs and their relevant documents.

Article 3． The meanings of the following terms in these Regulations are:
(1) A computer program refers to a coded instruction sequence which is written for the purpose of obtaining a certain result and which may be executed by devices with information processing capabilities such as computers, or a symbolic instruction sequence or symbolic statement sequence which may be automatically converted into a coded instruction sequence. The source program and object program of the same computer program are of one work.
(2) Documents refer to literal data and charts used to describe the contents, composition, design, function norms, state of development, test results and method of use, such as program design specifications, flowcharts, and users' manuals.
(3) Software developers refer to legal entities or other organisations actually organising and carrying out development work, and assuming responsibility for the developed software; or natural persons independently accomplishing software development by relying on their own facilities and assuming responsibility for the software.
(4) Software copyright owners refer to natural persons, legal entities or other organisations enjoying the copyright of software in accordance with the provisions of these Regulations.

Article 4． Software protected under these Regulations must be developed independently by the developers and already fixed on certain tangible objects.

Article 5． In respect of the software he or it has developed, regardless of whether or where the said software has been made public, a Chinese citizen, legal entity or any other organisation shall enjoy the copyright in accordance with these Regulations.
Where the software of a foreign person or stateless person is first made public in China, he shall enjoy the copyright in accordance with these Regulations.
The copyright of the software of foreign persons or stateless persons shall be protected under these Regulations in accordance with agreements concluded between the countries to which the developers belong or in which their have they habitual residence and China or according to international conventions China has acceded to.

Article 6． The protection of software under these Regulations shall not be extended to ideas, handling processes, operating methods or mathematical conceptions used in software development.

Article 7． Software copyright owners may register their software with a software registry organ designated by the Copyright Administration Department under the State Council. The certificates issued by the registry organs are the preliminary regulatory proof of the registration.
Registration of software requires payment of fees. The rate of fees for software registration shall be provided for by the Copyright Administration Department under the State Council in conjunction with the competent pricing department under the State Council.

Chapter II
Copyright of Software

Article 8． A software copyright owner shall enjoy the following rights:
(1) The right of making public, i.e., the right to decide whether to make the software available to the public;
(2) The right of authorship, i.e., the right to make known his identity as developer and the right to have his name indicated on his software;
(3) The right of alteration, i.e., the right to make addition to, deletion from or modification of, instructions and/or statement sequence;
(4) The right of reproduction, i.e., the right to produce one or more copies of the software;
(5) The right of distribution, i.e., the right to make the original copy or reproductions of the software available to the public by virtue of sale or donation;
(6) The right of rental, i.e., the right to permit, with remuneration paid to the authoriser, others to temporarily use software unless the software is not the main subject matter of the rental;
(7) The right of communication on information networks, i.e., the right to communicate software to the public by wire or by wireless means in such a way that members of the public may access to the software at a time and from a place individually chosen by them;
(8) The right of translation, i.e., the right to translate the original software from one natural language and/or writing system into another natural language and/or writing system; and
(9) Other rights the software copyright owners are entitled to.
The software copyright owner may authorise others to exercise his software copyright and has the right to receive remuneration therefor.
The software copyright owner may wholly or partially assign his software copyright and has the right to receive remuneration therefor.

Article 9． The copyright of items of software shall be owned by the respective software developers, except that these Regulations provide otherwise for.
In the absence of evidence to the contrary, the natural person, legal entity or other organisation whose name is indicated on the software is the developer thereof.

Article 10． In respect of an item of software developed by two or more natural persons legal entities or other organisations in cooperation, the ownership of the copyright in the software shall be stipulated by the conclusion of a written agreement between the developers who have cooperated in the development of the software. Where there is no written agreement, nor is there explicit stipulation made in the agreement or where the software developed in cooperation may be partitioned and used, the developers may separately enjoy the copyright to the respective parts developed by them, but the exercise of such copyright may not be extended to the copyright of the jointly developed software as a whole. Where the software developed in cooperation cannot be partitioned and used in parts, the copyright shall be owned by the cooperating developers after reaching unanimity through consultation. Where unanimity cannot be reached through consultation, nor is there any justification, none of the parties shall prevent the other party or parties from exercising the rights except the right of assignment, but the proceeds shall be appropriately distributed to all cooperating developers.

Article 11． The ownership of the copyright of an item of software developed on commission shall be stipulated by the conclusion of a written agreement between the commissioning party and the commissioned party. Where there is no written agreement, nor is an explicit stipulation made in the agreement, the copyright shall go to the commissioned party.

Article 12． The ownership and exercise of the copyright of an item of software developed in fulfilling a task assigned by a governmental department shall be stipulated by a letter of assignment or by a contract. Where no explicit stipulation is made in the letter of assignment or in the contract, the copyright of the software shall go to the legal entity or other organisation accepting the assignment.

Article 13． Where an item of software developed by a natural person during his service the legal entity or other organisation falls into any of the following provisions, the copyright of the software shall be owned by the legal entity or other organisation, and the legal entity or other organisation may reward the natural person who has developed the software:
(1) The software is developed in accordance with development objective explicitly assigned in line of duty;
(2) The developed software is a foreseeable or natural result of his carrying on activities in the line of duty; or
(3) The software is one that is developed mainly by utilising the fund, special equipment, undisclosed special information or other material and technical facilities of a legal entity or other organisation and for which the legal entity or other organisation is responsible for.

Article 14． The copyright in software is generated on the date of accomplishment of the development of the software.
The term of protection for a natural person's software copyright shall be the lifetime of the natural person and fifty years after his death, and expires on 31 December of the fiftieth year after the death of the natural person; in the case of software of joint development, such term shall expire on 31 December of the fiftieth year after the death of the last surviving natural person.
The term of protection for a legal entity or other organisation's software copyright shall be fifty years, and expires on 31 December of the fiftieth year after the software is made public for the first time. However, any item of software that has not been made public for fifty years since the date on which the development thereof is accomplished shall no longer be protected under these Regulations.

Article 15． Where the copyright of an item of software belongs to a natural person and the copyright is still within the term of protection after the death of the natural person, the successor to the software copyright shall succeed to the rights, except the right of authorship, as stipulated in Article 8 of these Regulations in accordance with the relevant provisions of the Law of Succession of the People's Republic of China.
Where the copyright in an item of software belongs to a legal entity or other organisation, its copyright shall, after the change or termination of the status of the legal entity or other organisation, during the term of protection provided for in these Regulations, be enjoyed by the succeeding legal entity or other organisation which has taken over the former's rights and obligations, or, in the absence of such a successor legal entity or other organisation, by the State.

Article 16． An owner of legitimate duplicates of an item of software enjoys the following rights:
(1) to load the software into a computer or device capable of information processing according to the need of use;
(2) to make backup duplicates for filing to prepare for damaged duplicates. However, such backup duplicates shall not be supplied in any way to others for their use. Once a holder loses its/his right to hold the software lawfully, he or it shall be responsible to destroy the said backup duplicates.
(3) to make necessary revisions of the software in order to use it in an actual environment of computer application or to improve its function and performance. However, except otherwise agreed, it or he shall not supply the revised version to any third party without the consent of the copyright owner of the software.

Article 17． Items of software may be used by way of installation, display, transmission or storage, etc. for the purposes of study and research of the concepts and principle underlying the design of the software without the consent of, or remuneration to, the copyright owner of the software.

Chapter III
Licensing and Assignment of Software Copyright

Article 18． To license another person to exercise software copyright, a licensing contract shall be concluded.
The licensee shall not exercise the right the software copyright owner has not explicitly licensed in the licensing contract.

Article 19． To license another person to exclusively exercise software copyright, the interested parties shall conclude a licensing contract in writing.
Where no contract is concluded in writing, or where exclusive licensing is not explicitly agreed in the contract, the licensed right shall be deemed to be a non-exclusive right.

Article 20． Where a software copyright is to be assigned, the interested parties shall conclude a contract in writing.

Article 21． Any contract concluded for licensing another person to exclusively exercise software copyright, or for assigning a software copyright, may be registered with a registry organ designated by the Copyright Administrative Department under the State Council.

Article 22． Where a Chinese citizen, legal entity or other organisation licenses or assigns his or its software copyright, he or it shall comply with the relevant provisions of the Regulations of the People's Republic of China on Technology Import and Export Administration.

Chapter IV
Legal Liabilities

Article 23． Except otherwise provided for in the Copyright Law of the People's Republic of China or these Regulations, where any of the following acts of infringement occurs, the infringer shall, according to circumstances, bear such civil liabilities as stopping the infringement, eliminating the ill effects, making an apology and compensating for the damages:
(1) to make public or register an item of software without the consent of the software copyright owner;
(2) to make public or register, as one's own, an item of software developed by another person;
(3) to make public or register, as a work completed on one's own, an item of software developed in cooperation with others without the consent of the cooperators;
(4) to have one's own name indicated on an item of software developed by another person or to change the name indicated on an item of software developed by another person;
(5) to alter or translate an item of software without the consent of the software copyright owner; or
(6) to commit any other act of infringement of software copyright.

Article 24． Except otherwise provided for in the Copyright Law of the People's Republic of China, these Regulations or other laws and administrative regulations, where any of the following acts of infringement occurs, the infringer shall, according to circumstances, bear such civil liabilities as stopping the infringement, eliminating the ill effects, making an apology and compensating for the damages; where, meanwhile, the public interests are prejudiced, the Copyright Administrative Department shall order cessation of the infringing act, confiscate unlawful income from the act, confiscate and destroy infringing duplicates, and may impose a fine; if the circumstances are serious, the Copyright Administration Department may also confiscate the materials, tools and equipment mainly used for making the infringing duplicates; if the act violates the criminal law, the infringer shall be prosecuted for his or its criminal liabilities as imposed on the crime of copyright infringement or the crime of selling infringing duplicates under the Criminal Law:
(1) duplicating or partially duplicating the software of a copyright owner;
(2) distributing, renting, or communicating to the public on an information network, the software of a copyright owner;
(3) intentionally circumventing or destroying the technological measures taken by a copyright owner for protecting the copyright in his or its software;
(4) intentionally deleting or altering the electronic right management information of software; or
(5) assigning, or licensing others to exercise, the copyright in the software of a copyright owner.
Where the preceding act (1) or (2) is committed, a fine of RMB 100 yuan apiece, or of an amount no more than five times the amount of the value of the goods, may be imposed; where the preceding act (3), (4) or (5) is committed, a fine of no more than RMB 50,000 yuan may be imposed.

Article 25． The amount of damages for an infringement of software copyright shall be fixed in accordance with the provisions of Article 48 of the Copyright Law of the People's Republic of China.

Article 26． A software copyright owner who has evidence to establish that another person is committing or, will commit, an act of infringement of his right, which could cause irreparable injury to his legitimate rights and interests if the act is not stopped immediately may, according to the provision of Article 49 of the Copyright Law of the People's Republic of China, apply to the People's Court for ordering cessation of the related act and for tacking the measures for property preservation before instituting legal proceedings.

Article 27． For the purpose of preventing an infringing act and under the circumstance where the evidence may be lost or is difficult to obtain afterwards, the software copyright owner may, according to the provision of Article 50 of the Copyright Law of the People's Republic of China, apply to the People's Court for evidence preservation before instituting legal proceedings.

Article 28． The publisher or producer of duplicates of an item of software cannot prove that his publication or production has been authorised, or the distributor or the renter of the reproduction of an item of software who cannot prove that the reproductions he or it has distributed or rented is from a legitimate source, shall bear legal liability.

Article 29． Software developed by a software developer is similar to an item of existing software due to limited alternatives of expression available does not constitute an infringement of the existing software copyright.

Article 30． The holder of duplicate of an item of software who does no know, nor has any reasonable ground to know, that the item of software is an infringing duplicate shall not be liable for damages. However, he or it shall stop using and destroy the infringing duplicate. If stopping the use of, or destroying, the infringing duplicate causes great losses to the user of the duplicate, the user of the duplicate may go on using it after paying the software copyright owner the appropriate fees.

Article 31． A contractual dispute over software copyright infringement may be settled through mediation.
The parties may apply to the arbitration organ for arbitration of a contractual dispute over software copyright in accordance with the arbitration clause in the contract or a written arbitration agreement subsequently concluded.
Where the parties have not inserted an arbitration clause in the contract, nor have they subsequently concluded a written arbitration agreement, either of the parties may directly institute proceedings in the People's Court.

Chapter V
Supplementary Provisions

Article 32． Acts of infringement which occur before these Regulations enter into force shall be dealt with in accordance with the relevant State regulations in effect at the time said acts of infringement occur.

Article 33． These Regulations shall enter into force as of 1 January 2002. The Regulations on Computer Software Protection issued by the State Council on 4 June 1991 is simultaneously abrogated.

4.Measures for the Enforcement of Copyright Administrative Penalty
(Reviewed and Adopted at the Administrative Meeting of the National Copyright Administration on 16 July 2003 and Entering into Force on 1 September 2003)

Chapter Ⅰ
General Provisions

Article 1． (objective) With a view to regulating the penalty administrative action of the copyright administrative departments, protecting the legitimate rights and interests of the citizens, legal persons and other organisations, these Measures are hereby promulgated under the Administrative Penalty Law of the People's Republic of China (hereinafter referred to as the Administrative Penalty Law), the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law) and other relevant laws and administrative regulations.

Article 2． (subject of enforcement) The National Copyright Administration and the relevant departments of the local governments that enjoy the administrative power to enforce the copyright (hereinafter referred to as the local copyright administrative departments) shall impose, ex officio, administrative penalty on law-breaking acts as enumerated in these Measures. Where the laws and regulations otherwise provide, these provisions of these laws and regulations shall govern.

Article 3． (law-breaking acts) The law-breaking acts mentioned in these Measures shall refer to:
(i) the infringing acts enumerated in Article 47 of the Copyright Law, with injury caused to the public interests;
(ii) the infringing acts enumerated in Article 24 of the Regulations for Computer Software Protection, with injury caused to the public interests; and
(iii) other copyright-related law-breaking acts subject to administrative penalty under the laws and regulations.

Article 4． (modes of penalty) The copyright administrative departments may impose, under the law, the following administrative penalty on the law-breaking acts enumerated in these Measures:
(i) ordering to cease infringing acts;
(ii) confiscating illicit benefits;
(iii) confiscating infringing reproductions;
(iv) imposing fine;
(v) confiscating material, instruments and equipment used mainly for making infringing reproductions; and
(vi) imposing other administrative penalty provided for in the laws and regulations.

Chapter Ⅱ
Jurisdiction and Application

Article 5． (regional jurisdiction) The law-breaking acts enumerated in theses Measures shall be investigated and handled by the copyright administrative departments of the places where the infringing acts are executed, infringement consequences arise, infringing reproductions are kept or sealed up/detained according to law unless otherwise provided for in the laws and regulations.

Article 6． (levels of jurisdiction) The National Copyright Administration may investigate and handle law-breaking acts of great national importance and those that it holds should be investigated and handled thereby. The local copyright administrative departments are responsible for investigating and handling law-breaking acts taking place within the region of their jurisdiction.

Article 7． (jurisdiction dispute and designated jurisdiction) When two or more local copyright administrative departments have the jurisdiction over the same law-breaking act, the local copyright administrative department that puts it on file first shall be responsible for the investigation and handling of law-breaking act.
When local copyright administrative departments run into dispute over jurisdiction or the jurisdiction is unclear, the matter shall be resolved by the disputing parties through consultation; where the consultation is not successful, the matter shall be reported to their common copyright administrative department of higher level for designation of the jurisdiction. The higher-level copyright administrative department may also directly designate the jurisdiction.
A copyright administrative department of higher level may handle, if necessary, cases of great importance under the jurisdiction of a copyright administrative department of lower level, or leave cases under its jurisdiction to the handling of a copyright administrative departments of lower level. If a copyright administrative department of lower level holds that a case under its jurisdiction is one of great importance or complexion and should be handled by a copyright administrative department of higher level, it may report it to the copyright administrative department of higher level for handling.

Article 8． (transfer) If the copyright administrative department finds that an law-breaking act being investigated and handled constitutes a crime under the Chinese Criminal Law, the copyright administrative department shall transfer the case to the judicial authority for handling under the Provisions of the State Council for Administrative Enforcement Authority to Transfer Suspected Criminal Cases.

Article 9． (limitation) The limitation for the copyright administrative department to impose administrative penalty on an law-breaking act is two years counted from the date on which the law-breaking act takes place. Where an law-breaking act continues or is in a state of continuation, the limitation is counted from the date on which the act ends. On- going publication of infringing reproduction shall be deemed continuation of the law-breaking act.
Unless otherwise provided for in the law, an law-breaking act that is not discovered within the two years shall not be imposed any administrative penalty.

Chapter Ⅲ
Sanction Procedure

Article 10． (general procedure) Besides that the administrative penalty provisions apply to the circumstances of summary procedure, the general procedure under the Administrative Penalty Law shall apply to the copyright administrative penalty.

Article 11． (putting on file) The copyright administrative department that applies the general procedure in its investigation and handling of law-breaking acts shall put them on file.
The copyright administrative department may decide at its own discretion to put the infringing acts listed in theses Measures on file for investigation and handling or decides to put them on file for investigation and handling on the basis of material transferred thereto by the relevant departments, or may do so according to the complaints lodged or reports made by infringees, interested parties or those who know about the cases.

Article 12． (filing complaints) A complainant applying for putting on file an law-breaking act of those listed in theses Measures for investigation and handling shall file an application, certificate of the right involved, works (or reproduction) infringed and other evidence.
The application should indicate the name and address of the interested party and the main facts and grounds on which the application for investigation and handling is based. Where a complainant appoints an agency to file the application therefor, the agency should show the power of attorney.

Article 13． (accepting a case) The copyright administrative department shall decide whether to accept a case and notify the complainant within fifteen days from the date of receipt of all the materials associated therewith. If it does not accept a case, it shall explain the reason in writing.

Article 14． (undertaking the handling) When a case is put on file, the case-filing form shall be filled out, with such documents attached as those of complaint or report, material handed down by the copyright administrative department of higher level to be dealt with or transferred by the relevant department and inspection report by enforcement officials. The leading person of the copyright administrative department shall approve the filing, and assign two or more officials for the investigation and handling.
A case-handling official who has his interest in the case shall ask for avoidance to stay out of the case. If he does not do so, an interested party may challenge him. A case-handling official's staying out shall be approved by the leading person of the copyright administrative department, and that of a leading person shall be approved by the People's Government of the same level.

Article 15． (measures for emergency) Where a case-handling official, in the cause of enforcement, finds an law-breaking act being executed and the urgent circumstance makes it impossible to put the case on file, the following measures may be taken:
(i) ceasing or rectifying the law-breaking act;
(ii) recording or keeping infringing reproduction and materials, instruments, equipment mainly used for the law-breaking act; and
(iii) collecting and transferring other relevant evidence.
The law enforcement officials shall promptly report the relevant circumstance and file the materials to the copyright administrative department of the place and go through the formalities for putting the case on file.

Article 16． (obtaining evidence) Once a case is put on file, those handling the case shall make investigation in time and require those under statutory burden of proof to adduce evidence within the time limit fixed by the copyright administrative department.
In collecting evidence, those handling the case may use the following means to collect and transfer relevant evidence:
(i) reading and copying documents, files, account books and other written materials relevant to a suspected law-breaking act;
(ii) sampling evidence of suspected infringing reproductions; and
(iii) preliminarily recording and keeping of suspected infringing reproductions.

Article 17． (showing enforcement certificate) In their enforcement, those handling a case shall show to interested parties and those concerned the administrative enforcement certificate prepared and issued by the National Copyright Administration or local people's government.

Article 18． (variety of evidence) Evidence collected when a case is being handled includes:
(i) documentary evidence;
(ii) material evidence;
(iii) testimony of witnesses;
(iv) audio-visual material;
(v) statements of the parties;
(vi) expert conclusions; and
(vii) records of inspection.

Article 19． (interested party provides evidence) Copyright-related manuscripts, original, legitimate publications, copyright registration certificates, certificates from certifying body and right-acquiring contracts furnished by an interested party and material in kind and invoice obtained in his or its purchase of infringing reproductions ordered or bought on site by himself/itself or by entrustment of others can serve as evidence.

Article 20． (preparing a list) Sampling of evidence and preliminary recording/keeping of relevant evidence by those handling the case shall be done in the presence of the interested parties concerned. Articles involved shall be enlisted on site in duplicate, and the list shall be signed/sealed by those handling the case and the interested parties to be filed to and kept respectively by the copyright administrative departments of the places where the interested parties and those handling the case are. Where an interested party is absent or refuses to sign/seal, two or more those handling the case on site shall note down the circumstance.

Article 21． (preliminary recording and keeping procedure) The making preliminary record and keeping relevant evidence by those handling the case shall be approved by the leading person of their department and hand to the interested party by handed the notification to this effect. The interested party or those concerned shall not transfer or destroy the relevant evidence while the evidence is kept.
Preliminarily recorded and kept evidence shall be sealed up with the strip of paper used for sealing by the copyright administrative department to be kept by the interested party on site. If it is indeed necessary to move preliminarily recorded and kept evidence, the evidence may be moved to and kept in a proper place. If it is too urgent to go through the formalities provided for in this Article, those handling the case may take the measure first and go through the formalities afterward.

Article 22． (follow-up measures of preliminary recording and keeping) In respect of evidence preliminarily recorded and kept, following decision on the handling shall be made within seven days after the delivery of the notification of preliminary recording and keeping of the evidence:
(i) to send it for appraisal if the evidence is required to be appraised;
(ii) to confiscate it according to the statutory procedure if law-breaking facts are established and the evidence should be confiscated;
(iii) to transfer it together with the case to be handled by the relevant department if the case and evidence should be transferred to the relevant department;
(iv) to lift the recording and keeping measure if law-breaking facts are not established and the evidence should not be confiscated according to law;
(v) any other relevant statutory measures.

Article 23． (entrusting with investigation) If one copyright administrative department entrusts another copyright administrative department to make investigation for it in the course of its investigation and handling of a case, it shall produce the power of attorney/entrustment. The entrusted copyright administrative department shall actively assist in the matter.

Article 24． (professional appraisal) Concerning profession matters in a case, the copyright administrative department may entrust a specialised organisation or invite professionals to make appraisal.

Article 25． (investigation report) When the investigation is over, those handling a case shall submit a case investigation report, explaining whether an involved act is unlawful, making recommendations, presenting relevant facts, reasons and bases and attaching all evidence.

Article 26． (informing interested parties) The copyright administrative department going to decide on administrative penalty shall issue advance notification of administrative penalty as signed by the leading person thereof, informing the interested party of the facts, reasons and bases on which the decision on administrative penalty will be made and tell him or it that he or it has the right of making observations and making argumentation and other rights under the law.
The advance notification of administrative penalty shall be directly delivered to the interested party by the copyright administrative department and the interested party shall sign or seal the receipt on delivery. If an interested party refuses to receive and sign it, the delivering person shall state the circumstance and report to the leading person of the department. The copyright administrative department may also inform the interested party by post. When an interested party is nowhere to be found, the notification is served by public notice.

Article 27． (the time limit for an interested party to make observations and/or argumentation) An interested party who request to make observations and/or argumentation shall make observations and defence and present relevant facts, reasons and evidence to the copyright administrative department within seven days after being informed or within thirty days after the public notice. An interested party's failure to making observations and/or argumentation shall be deemed waiver of the rights.
If notification is served by direct delivery, the date of an interested party's receipt thereof shall be the date of his or its being informed; if notification is served by post, the date of post indicated on the receipt shall be the date of his or its being informed.

Article 28． (verification) Those handling a case shall sufficiently attend to observations and argumentation made by an interested party, and verify his or its facts, reasons and evidence, and submit a verification report.
The copyright administrative department shall not impose heavier penalty on an interested party on account that he or it has made a defence.

Article 29． (making decision) The leading persons of the copyright administrative department shall examine the case investigation report and the verification report and respectively make a decision as to the following on the basis of the examination result:
(i) administrative penalty shall be imposed on sanctionable law-breaking infringing act according to the fault of the infringer, duration, scope consequence and injury of infringement;
(ii) administrative penalty may not be imposed on minor law-breaking acts;
(iii) administrative penalty shall not be imposed if law-breaking facts are not established; and
(iv) law-breaking acts suspected of constituting crimes shall be transferred to the judicial authority for handling.
Decision on imposing relatively heavy administrative penalty on law-breaking acts of complicated circumstances and great importance shall be made by leading persons of the copyright administrative department upon collective review.

Article 30． (fine) When deciding on imposition of fine, the copyright administrative departments shall determine the amount of fine pursuant to the provisions of Rule 36 of the Implementing Regulations of the Copyright Law of the People's Republic of China and Article 24 of the Regulations for Computer Software Protection.

Article 31． (penalty on act of serious circumstances) If the circumstances of an law-breaking act are serious, the copyright administrative department may confiscate the materials, instruments and equipment used mainly for making infringing reproductions.
The "serious circumstances" as mentioned in the preceding paragraph refer to:
(i) the amount of illicit benefit of an individual is RMB 5,000 yuan or more; the amount of illicit benefit of an entity is RMB 30,000 yuan or more;
(ii) the amount of illicit business turnover of an individual is RMB 30,000 yuan or more; the amount of illicit business turnover of an entity is RMB 100,000 yuan or more;
(iii) 2,000 or more (pieces or packs) of infringing reproductions dealt in by an individual; and 5,000 or more (pieces or packs) of infringing reproductions dealt in by an entity;
(iv) an individual or entitle that was held liable for infringement or copyright infringes copyright again; and
(v) other consequences that are of great influence or seriousness caused.

Article 32． (non bis in idem) If an interested party's law-breaking act has been fined by another administrative authority, the copyright administrative department shall not again impose fine thereon. It, however, may impose other administrative penalty provided for in Article 4 of theses Measures depending on specific circumstances.

Article 33． (standard for hearing) Before the copyright administrative department decides to impose a relatively large amount of fine or if it is provided in the law and administrative regulations that a hearing is required before deciding to impose other administrative penalty, the copyright administrative department shall inform the interested party that he or it has the right to request to hold the hearing.
The "relatively large amount of fine" shall mean a fine on an individual of RMB 20,000 yuan or more; that on an entity of RMB 100,000 yuan. If local rules and regulations otherwise provide for the hearing, the local rules and regulations shall be complied with.

Article 34． (hearing) Where an interested party requests for hearing, the copyright administrative department shall hold it pursuant to the provision of Article 42 of the Administrative Penalty Law and the interested party shall not bear the expenses for holding the same.

Article 35． (legal instruments) If the copyright administrative department decides to impose administrative penalty, it shall prepare the administrative penalty decision.
Where the copyright administrative department decides not to impose administrative penalty and the infringing act is light, a written notification of non-administrative penalty shall be prepared to be delivery to the interested party, specifying the facts, reasons and bases of the non-administrative penalty; where law-breaking facts are not established, a written notification of investigation result shall be prepared to be delivery to the interested party.
In respect of cases the copyright administrative department decides to transfer to the judicial authority, the written transfer of cases of suspected crime shall be prepared to be delivery, together with the relevant material/documents and evidence, to the judicial authority having the jurisdiction in time.

Article 36． (delivery) The administrative penalty decision shall be handed to the interested party by the copyright administrative department on site upon announcement. If an interested party is absent, it shall be delivered thereto within seven days.

Article 37． (applying for administrative reconsideration and instituting administrative proceedings) If an interested party is not satisfied with the administrative penalty by the National Copyright Administration, he or it may apply for administrative reconsideration with the National Copyright Administration; if an interested party is not satisfied with the administrative penalty by a local copyright administrative department, he or it may apply for administrative reconsideration with the people's government of the same level of the copyright administrative department or with the copyright administrative department of a higher level.
If an interested party is not satisfied with the administrative penalty or the administrative reconsideration decision, he or it may institute administrative proceedings according to law.

Chapter Ⅳ
Enforcement Procedure

Article 38． (performing penalty decision) After receipt of the administrative penalty decision, an interested party shall perform it within the time limit prescribed in the administrative penalty decision.
Where an interested party applies for administrative reconsideration or institutes administrative proceedings, the administrative penalty is not suspended unless otherwise provided for in the law.

Article 39． (disposing of confiscated objects). Confiscated infringing reproductions shall be destroyed or treated in other manner with the consent of infringees.
When destroying infringing reproductions, the copyright administrative department shall send two enforcement officials to supervise the process of destruction, check the result of destruction, and prepare a record of the destruction.
The copyright administrative department shall publicly auction according to law or treat according to relevant State regulations the confiscated materials, instruments and equipment used mainly for making infringing reproductions.

Article 40． (substitution enforcement) The administrative penalty decision made by a copyright administrative department of higher level may be enforced by a copyright administrative department of lower level entrusted thereby. The latter shall report the result of enforcement to the former.

Chapter Ⅴ
Supplementary Provisions

Article 41． (administrative penalty statistics) The copyright administrative departments shall put in place a system of statistics of copyright administrative penalty under the Statistics Law, and submit copyright administrative penalty statistics reports to the copyright administrative departments of higher level once a year.

Article 42． (filing and documentation) The copyright administrative departments shall file documents and material in time after enforcement of administrative penalty decisions or reconsideration decisions.
The filed and documented materials mainly include, among other things, administrative penalty decisions, forms of filing, examination and approval, case investigation reports, verification reports, reconsideration decisions, hearing records, hearing reports, evidential material, receipts and records of property handled and other relevant materials.

Article 43． (preparing legal instruments) The relevant legal instruments of theses Measures shall be prepared with reference to the forms fixed by the National Copyright Administration.

Article 44． (implementing these Measures) These Measures shall enter into force on 1 September 2003. The Measures for the Enforcement of Copyright Administrative Penalty issued by the National Copyright Administration on 28 January 1997 shall be simultaneously abrogated. If any other relevant regulations issued prior to theses Measures are in conflict with these Measures, theses Measures shall prevail.